Ex-judge denied permission to appeal against conviction

Last May, Constance Briscoe, 57, one of the UK’s first black female judges, was handed a 16-month sentence after she was found guilty at the Old Bailey of attempting to pervert the course of justice in the investigation which saw former cabinet minister Mr Huhne pass his speeding points on to his wife at the time, Vicky Pryce, ten years earlier.

Ms Briscoe was sent to jail after it became known she had assisted Ms Pryce in revealing the point-swapping to the media following the couple’s split five years ago.

Lord Justice Davis, sitting with Mr Justice Supperstone and Judge Martyn Zeidman in the Court of Appeal denied Ms Briscoe permission to appeal against her conviction.

The ex-judge said she would show there was an innocent explanation for the contrasting witness statements she had given and that this would bring her conviction into doubt.

However, the judges said there was no reasonable excuse for not producing such evidence at her trial.

Lord Justice Davis said: “Having considered all the material before us, our conclusion is that there is no proper basis for receiving this proposed fresh evidence in the interests of justice.

“Such evidence, if relied on, could, with reasonable diligence, have been produced at trial.

“Further, and more importantly, we consider that it affords no ground for allowing the appeal.”

Ms Briscoe was ordered to pay £3,000 in costs although it will be at the discretion of the Crown Prosecution Service to decide whether to enforce the order or not.